Judge Kimball

Edwards, In re

Ruling: 
Mortgagee was bound by the terms of the confirmed plan even though the plan violated theanti-modification provision of Section 1322. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 21,2019, LexisNexis #0819-049

Edwards, In re

Ruling: 
Debtor was deemed current on all mortgage obligations owed to the creditor where debtorsatisfied all conditions of the confirmed modified plan and already received a discharge.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 22,2019, LexisNexis #0819-017

British Am. Ins. Co., In re

Ruling: 
Fraudulent transfer claim against debtor was non-core as it aimed only to augment the estateadministered by the judgment creditor. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on May 17,2019, LexisNexis #0819-021

All. BioEnergy Plus, Inc., In re--All. BioEnergy Plus, Inc. v. Lenaburg

Ruling: 
Creditor's claims for future base pay and annual bonuses were capped under bankruptcy law.(Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on May 10,2019, LexisNexis #0719-059

160 Royal Palm, In re

Ruling: 
Debtor's motion to limit credit bidding granted where creditor had neither a lien nor anallowed claim and was not permitted to credit bid under the explicit text of 11 U.S.C. § 363(k).(Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on February 25,2019, LexisNexis #0419-029

Rollaguard Sec., LLC, In re-Furr v. TD Bank, N.A.

Ruling: 
Trustee's motion to file amended complaints was denied as court concluded that it would befutile because regular deposits into debtors' own unrestricted bank accounts were nottransfers. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #1118-001

Rollaguard Sec., LLC, In re

Ruling: 
Debtors' deposits on their own unrestricted accounts were not "transfers." (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on July 27,2017, LexisNexis #0917-032

Bakst v. Bank Leumi, USA (In re D.I.T., Inc.)

Ruling: 
Trustee's allegations of fraudulent transfer not sufficient to support avoidance of debtor'spayments to its commercial lender. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on December 22,2016, LexisNexis #0117-128

In re Daya Meds., Inc.

Ruling: 
State court receiver’s attempt to gain control of debtor’s intellectual property violated theautomatic stay. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on November 14,2016, LexisNexis #1216-037

Heartwood 4 LLC v. Tabor (In re Tabor)

Ruling: 
Creditor could amend complaint for denial of discharge to add newly discovered fraud claim.
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Consumer case opionion summary, case decided on June 24,2016, LexisNexis #0716-083

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